Joint Tenants Force Sale In Miami-Dade
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FAQ
When one of the spouses passes away, the property automatically passes to the survivor without the need for probate. However, if the survivor fails to take the necessary estate planning steps to avoid probate, there will be probate upon the death of the survivor.
Florida law allows individuals to force the sale of a jointly owned property through a partition action. Regardless of their percentage ownership interest, any co-owner has the right to initiate this legal process to seek the sale and division of the property's proceeds.
If the title of your property is in joint names, it means that both you and your husband own it. In this case, one person cannot sell the property without the consent of the other.
Florida law gives a surviving spouse at minimum a life estate in the homestead property previously titled solely in the name of the deceased spouse.
When negotiating a situation where one spouse can buy out the other spouse is impossible, a court order to sell the house might be necessary. The court-ordered sale process begins with one party filing a partition action. Once the court issues the sale order, the property is: Appraised.
A joint tenancy in Florida has all the features of the tenancy in common except that all the joint tenants must have the same equal percentage of interest in the real property. The joint tenancy also does not avoid Florida probate.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.
Yes, JTWROS can be terminated by mutual agreement of all owners, or if one owner sells or transfers their share, converting the ownership to tenancy in common.
The co-owner who wishes to sell the property or the estate's personal representative can file a partition action, or a formal adversarial lawsuit, in the probate proceeding under Florida Statutes §733.814 at any time before the estate is closed.
A joint owner wanting to sell should attempt to make an agreement with the other joint owner or owners before hiring an attorney for a partition action. If the joint owners will not sell, a partition action asks the court to force the sale and divide the proceeds equally.